Allowed

Mr. R. Sivakumaran v. Xxxx (Vide Order Dated 10.07.2024)

Karnataka HC28 Nov 2023WP/26105/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the petitioner, husband, sought directions to the Family Court to pronounce a pending judgment under matrimonial proceedings. The Court directed the lower court to conclude proceedings and pass orders within two weeks.

What did the court decide?

Directed the Family Court to conclude proceedings and pass judgment within two weeks.

Mr. R. Sivakumaran Vs Xxxx (Vide Order Dated… — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:42971 WP No. 26105 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26105 OF 2023 (GM-FC)

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BETWEEN:

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MR. R. SIVAKUMARAN, S/O. MR. RAMAKRISHNAN, AGED ABOUT 40 YEARS, R/AT FLAT NO. 2, NO.46, SHIRDI SAI NAGAR, 3^RD CROSS, K- NARAYANAPURA ROAD, BANGALORE - 560 077.

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…PETITIONER

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(BY SRI. KESHAVA MURTHY B., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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MRS. DIVYA DEEPIKA, D/O. LATE K. RAMA RAO, AGED ABOUT 40 YEARS, WORKING AT M/S. J.P. MORGAN PRESTIGE TECH PARK, III, KAERAPPA LAYOUT, KADUBEESANAHALLI, BANGALORE - 560 103.

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PERMANENT ADDRESS AT: FLAT NO. 33045, JANAPRIYA UTOPIA APARTMENTS, HYDERGUDA, NEAR GANDHI STATUE,

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NC: 2023:KHC:42971 WP No. 26105 of 2023

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RAJENDRANAGAR, HYDERABAD, TELANGANA - 500 048.

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…RESPONDENT

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE TO PRONOUNCE THE JUDGEMENT, IN M.C NO. 2700/2017, AS PER THE ORDER DATED 25.07.2023, INSTEAD OF DEFERRING THE JUDGEMENT AND POSTING FOR RE-CONCILIATION AS PER THE ORDER DATED 15.09.2023 AND SUBSEQUENTLY, IS PRODUCED AT ANNEXURE-A ALLOW THIS PETITION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking the following

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prayer:

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i. Issue a Writ in the nature of Mandamus directing the I Additional Principal Judge, Family Court, Bangalore to pronounce the judgment, in M.C.No.2700/2017, as per the order dated 25.07.2023, instead of deferring the judgment and posting for re-conciliation as per the order dated 15.09.2023 and subsequently, is produced at ANNEXURE 'A' allow this petition.

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ii. And pass such other order or orders as this Hon'ble Court deems fit to grant under the circumstances of the case in the interest of justice and equity.

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Heard Sri. Keshava Murthy, learned counsel

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appearing for the petitioner and have perused the material on record.

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NC: 2023:KHC:42971 WP No. 26105 of 2023

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The petitioner is the husband, the respondent is the wife. The two are before the concerned Court in M.C.No.2700/2017. It is the case of the petitioner that after the compromise between the two having failed, the concerned Court even after conclusion of the proceedings, is not delivering its judgment. The petitioner would take this Court through the order sheet maintained before the concerned Court demonstrate that the case was set for its judgment on 08.08.2023 and is adjourned from time to time from the said date without passing the judgment. Therefore, the concerned Court shall endeavour to conclude the proceedings ad pass appropriate orders in accordance with law within 2 weeks from today, if not earlier.

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With the aforesaid reasons, the petition stands disposed.

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Sd/JUDGE

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SJK

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List No.: 1 Sl No.: 77 CT:SNN

Mr. R. Sivakumaran v. Xxxx (Vide Order Dated 10.07.2024)

Case brief

What is this about?

What did the court decide?

Mr. R. Sivakumaran v. Xxxx (Vide Order Dated 10.07.2024)

Case brief

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What did the court decide?

What the court decided

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